In a Federal Register, dated October 31, 2002, final regulations add a new paragraph to Sec. 668.46(b)(12) to reflect a change to section 483(f)(1) of the Higher Education Act of 1965, as amended (HEA) that was made by the Campus Sex Crimes Prevention Act (CSCPA) (Sec. 1601 of Public Law 106-386). Pursuant to this new provision, an institution is required to inform the entire college community how they can obtain information about registered sex offenders who may be present on campus. Colleges and universities are required to include this new disclosure in their annual security reports that are due by October 1, 2003.
Further, in order to resolve any questions regarding the institutions obligations under The Family Education Rights and Privacy Act (FERPA), Subsection (d) of the CSCPA was amended allowing educational institutions to disclose information concerning sex offenders when that information is received as a result of State sex offender registration and community notification programs.
The CSCPA supplemented the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Act’s (The Wetterling Act) general standards for sex offender registration and community notification program. This federal statute provides minimum national standards for State sex offender registration and community notification programs and Bar States to release relevant information concerning sex offenders as necessary to protect the public.
The CSCPA amended the Higher Education Act of 1965 (HEA) and FERPA. HEA, with the amendment, requires colleges and universities to inform its members where to obtain information regarding sex offenders. FERPA is now amended to allow educational institutions to disclose such information regarding sex offenders.
“In order to ensure that the information [about registered sex offenders] is readily accessible to the campus community, the Campus Sex Crimes Prevention Act requires colleges and universities to provide the campus community with clear guidance as to where this information can be found, and clarifies that Federal laws governing
the privacy of educational records do not prevent campus security agencies or other administrators from disclosing such information.”
FERPA now allows an educational institution to disclose information regarding registered sex offenders, including personally identifiable, non-directory information without the consent of the person. This authority extends to information made available by a State and information about registered sex offenders available through the operation of State sex offender registration and community notification programs.